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Terms of Service

Last updated: September 14, 2026

These Terms of Service (the "Terms") are a binding agreement between you and BURD LLC ("Gymdex", "we", "us", or "our") governing your access to and use of the Gymdex mobile application, the Gymdex website, and any related services, features, and content (together, the "Service"). By creating an account, downloading, installing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

PLEASE READ CAREFULLY. These Terms contain a health and safety disclaimer, a mandatory arbitration provision, and a class action waiver that affect your legal rights.

1. Eligibility and Accounts

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf.

To use most features you must create an account by signing in with your Apple ID. You are responsible for all activity that occurs under your account and for keeping your device and credentials secure. You agree to provide accurate information and to keep it current. We may require you to verify your identity or re-authenticate at any time.

We may suspend, restrict, or terminate your account, and delete any associated data, at any time and for any reason or no reason, with or without notice, including if we believe you have violated these Terms, created risk or legal exposure for us, or if your account has been inactive. You may delete your account at any time from the app's Settings screen.

2. Health & Safety Disclaimer

Gymdex is a fitness and workout tool provided for general informational and educational purposes only. It is not medical advice and is not a substitute for professional medical guidance, diagnosis, or treatment. Always consult a qualified physician or healthcare provider before beginning, changing, or continuing any exercise program, and especially if you have or suspect any medical condition, injury, or physical limitation, are pregnant or postpartum, or take any medication.

Workouts and exercise details shown in the app are generated, summarized, interpreted, ranked, and/or imported from third-party content, including social media videos from creators who are not affiliated with, endorsed by, or partnered with Gymdex, using automated and artificial-intelligence systems. Weekly plans, built workouts, and recommendations are produced automatically and are not reviewed by a fitness professional. As a result, exercises, sets, reps, durations, weights, form cues, plans, and other details may be inaccurate, incomplete, unsafe, or unsuitable for you, and may not reflect what any creator actually intended or demonstrated. You are solely responsible for evaluating the appropriateness and safety of any workout for your own body, fitness level, and circumstances, and for using proper form, technique, and equipment.

ASSUMPTION OF RISK. You acknowledge that physical exercise carries inherent risks, including the risk of serious injury, disability, or death. BY USING THE SERVICE AND PERFORMING ANY WORKOUT OR EXERCISE OBTAINED THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK AND VOLUNTARILY ASSUME ALL RISKS OF INJURY OR HARM. Stop exercising immediately and seek medical attention if you experience pain, dizziness, shortness of breath, faintness, or any other symptom of physical distress. To the maximum extent permitted by applicable law, Gymdex is not responsible or liable for any injury, harm, or loss arising from your use of the Service or your performance of any exercise or workout.

3. License to Use the Service

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Gymdex app on Apple-branded devices that you own or control, solely for your personal, non-commercial fitness use. The Service is licensed, not sold. We and our licensors retain all right, title, and interest in and to the Service, including all software, designs, text, graphics, logos, trademarks, exercise data, curated and generated workouts, and other content, and all intellectual property rights therein. All rights not expressly granted to you are reserved.

You may not, and may not permit others to: copy, modify, or create derivative works of the Service; reverse engineer, decompile, or attempt to extract the source code, models, prompts, or data of the Service; scrape, crawl, or use automated means to access or extract content or data from the Service; resell, rent, lease, sublicense, or otherwise commercially exploit the Service; circumvent any access controls, usage limits, or security features; use the Service to build a competing product or to train or improve any machine-learning model; remove or alter any proprietary notices; or use the Service in violation of any law or these Terms.

4. Your Content and Submissions

The Service lets you import links to third-party videos and posts, save and edit workouts, log workout sessions, answer onboarding questions, and submit other information, feedback, and materials (collectively, "User Content"). You retain any ownership rights you have in your User Content.

By submitting User Content, you grant Gymdex a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to host, store, reproduce, modify, adapt, translate, analyze, create derivative works of, publish, distribute, display, and otherwise use your User Content, in any media now known or later developed, for any purpose in connection with operating, improving, promoting, and developing the Service and our business, including to train, evaluate, and improve our automated and artificial-intelligence systems, to build and enrich our workout catalog, and to create aggregated or de-identified data sets. This license survives termination of your account. To the extent permitted by law, you waive any moral rights in your User Content.

Any ideas, suggestions, or feedback you provide about the Service ("Feedback") are given voluntarily and become our property. We may use Feedback for any purpose without obligation or compensation to you.

You represent and warrant that you have all rights necessary to submit your User Content and to grant the license above, and that your User Content does not infringe or violate the rights of any third party or any law. You are solely responsible for your User Content. We have no obligation to store, back up, or return User Content, and we may remove or refuse any User Content at our sole discretion.

5. Third-Party Content and Creators

The Service processes links to publicly available content on third-party platforms such as Instagram, TikTok, and Facebook that you choose to submit, and displays workouts derived from that content along with creator names, handles, and images made public on those platforms. Gymdex is not affiliated with, endorsed by, or sponsored by any creator or platform unless expressly stated. All third-party trademarks, content, and names remain the property of their owners. We do not control and are not responsible for third-party content, platforms, or websites, and your use of them is governed by their own terms and policies.

We respect intellectual property rights. If you believe content available through the Service infringes your copyright, send a notice containing the information required by the Digital Millennium Copyright Act to support@trygymdex.com. We may remove content and terminate the accounts of repeat infringers at our discretion.

6. Subscriptions, Purchases, and Trials

Certain features require a paid subscription ("Premium"). Subscriptions are purchased through Apple and billed to your Apple ID account. Prices, features, and availability may change at any time. By purchasing you agree to the following:

  • Payment is charged to your Apple ID account upon confirmation of purchase, or at the end of any free trial period unless cancelled at least 24 hours before the trial ends.
  • Subscriptions renew automatically at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
  • You can manage or cancel your subscription in your Apple ID account settings. Deleting the app or your Gymdex account does not cancel a subscription.
  • Any unused portion of a free trial is forfeited when you purchase a subscription.
  • All purchases are final and non-refundable except as required by law or by Apple's policies. Refund requests are handled by Apple. To help Apple evaluate a refund request we may share information about your usage of purchased content with Apple.
  • We may offer promotional pricing, discounts, referral rewards, and limited-time offers at our discretion and may change or withdraw them at any time. Referral codes and rewards have no cash value and may be revoked if we suspect misuse.

We may change the features included in Premium, introduce new paid features, or move features between free and paid tiers at any time.

7. Acceptable Use

You agree not to use the Service to: violate any law or the rights of others; submit content that is unlawful, infringing, harmful, or that you do not have the right to submit; harass, abuse, or harm any person; impersonate anyone or misrepresent your affiliation; upload malicious code; interfere with or disrupt the Service or its infrastructure; access accounts or data that are not yours; use the Service for any commercial purpose without our written consent; or exceed any usage limits or rate limits we impose. We may investigate and take any action we deem appropriate, including removing content, limiting features, and reporting to law enforcement.

8. Changes to the Service

The Service evolves constantly. We may add, change, limit, suspend, or discontinue any part of the Service, including workouts, plans, features, integrations, and free tiers, at any time, temporarily or permanently, with or without notice, and without liability to you. We may impose limits on storage, imports, generated workouts, and other features. We are not obligated to maintain or support any version of the app, and older versions may stop working.

9. Data and Privacy

Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms. You agree that we may collect, store, and process your account information, saved workouts, workout history, onboarding answers, settings, device and usage data, and other information as described there, including syncing it between your devices and our servers and using it to operate, personalize, secure, analyze, and improve the Service and to develop new products and features. You agree that we may create and freely use aggregated and de-identified data derived from your use of the Service.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, WORKOUTS, PLANS, AND RECOMMENDATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GYMDEX AND ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL NOT BE LOST. NO ADVICE OR INFORMATION OBTAINED FROM GYMDEX OR THROUGH THE SERVICE CREATES ANY WARRANTY.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GYMDEX OR ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY PERSONAL INJURY, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO GYMDEX IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) FIFTY U.S. DOLLARS (US$50). THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND GYMDEX. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Gymdex and its officers, members, employees, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your User Content, your use or misuse of the Service, your violation of these Terms or any law, or your violation of the rights of any third party, including any creator or platform whose content you submit.

13. Dispute Resolution, Arbitration, and Class Action Waiver

Informal resolution. Before filing a claim, you agree to contact us at support@trygymdex.com and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration. Except for claims that qualify for small claims court and claims for injunctive relief regarding intellectual property, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this provision. The arbitrator, not any court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this agreement to arbitrate. Judgment on the award may be entered in any court of competent jurisdiction.

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND GYMDEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court, and the arbitration provision will apply to all remaining claims.

Opt-out. You may opt out of this arbitration provision by emailing us within 30 days of first accepting these Terms with your name, Apple ID email, and a clear statement that you opt out. Opting out does not affect any other part of these Terms.

14. Governing Law and Venue

These Terms and any dispute between you and Gymdex are governed by the laws of the State of California and the Federal Arbitration Act, without regard to conflict-of-law rules. Subject to the arbitration provision, you and Gymdex agree to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

15. Apple-Specific Terms

These Terms are between you and Gymdex only, not Apple. Apple is not responsible for the Service or its content and has no obligation to provide maintenance or support. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the Service; in the event of any failure to conform to a warranty, you may notify Apple and Apple will refund the purchase price of the app, if any. Apple is not responsible for addressing any claims by you or any third party relating to the Service, including product liability claims, claims that the Service fails to conform to legal or regulatory requirements, and consumer protection claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not on any U.S. Government list of prohibited or restricted parties.

16. Changes to These Terms

We may modify these Terms at any time by posting the updated Terms on this page and updating the date above. Material changes may also be announced in the app. Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, stop using the Service and delete your account.

17. General

These Terms, together with the Privacy Policy and any additional terms we present in the app, are the entire agreement between you and Gymdex regarding the Service. If any provision is held unenforceable, the remaining provisions remain in full effect. Our failure to enforce any right is not a waiver. You may not assign these Terms; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. Sections that by their nature should survive termination, including Sections 2, 4, 10 through 14, and 17, survive. Notices to you may be given in the app, by email to the address associated with your Apple ID, or by posting on our website.

Contact Us

If you have any questions about these Terms, please contact us at support@trygymdex.com. BURD LLC, doing business as Gymdex.

Last updated: September 14, 2026